. 

SPECIAL  MESSAGE 


OF 


GOVERNOR  LINCOLN, 


Hefltslattti'c  of 

MARCH  17,  1832. 

AND  CORRESPONDENCE  BETWEEN  HIM  AND  THE 

i 

GOVERNOR  OF  MAINE, 

IN    RELATION   TO    A 

NEGOTIATION  FOR  THE  TERRITORY  NORTH  EAST 
OF  THE  ST.  JOHN. 


lioston : 

DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STAT*V 

No.    4,    Exchange    Street. 

"7832."' 


HOUSE No.  56. 


To  the  Honorable  Senate, 

and  House  of  Representatives  : 

Immediately  upon  J6ceivmg;ti)e, -request  to  me  by  the 
two  Houses  of  the  JLegisJaJur.e,  to  apply  to  the  Execu 
tive  of  Maine,  foV-a-'ioi^rtunitatibiV'.o//  the  correspond-, 
ence  which  he  had  had  with  the  Government  of  the 
United  States,  and  with  the  agent  of  that  State,  upon 
the  subject  of  a  negociation  for  a  cession  of  the  territo 
ry  North  East  of  the  St.  Johns,  I  despatched,  by  a  spe 
cial  Messenger,  a  Letter  addressed  to  His  Excellency 
the  Governor,  a  copy  of  which  is  herewith  transmitted, 
for  your  notice.  This  Messenger  returrfed  the  last 

1    h 


night,  with  an  answer,  which  also   accompanies   this 
communication. 

From  this  correspondence,  it  will  painfully  be  percei 
ved,  that  the  only  ground  of  the  proceedings  of  the  Go 
vernment  of  Maine,  which  were  confidentially  commu 
nicated  by  the  Letter  of  the  Governor  of  the  5th  inst, 
covering  the  Resolutions  of  the  Legislature,  approved 
by  him,  was  in  Letters  from  Mr.  Preble,  the  Agent  of 
that  State  at  Washington,  expressing  his  opinion  in  re 
gard  to  the  expediency  of  the  proposed  arrangement, 
and  that  of  the  Representatives  of  that  State  in  Con 
gress,  in  Letters  addressed  to  him,  which  opinions  were 
formed  from  circumstances  unofficially  within  their 
knowledge,  and  that  these  communications  are  now 
considered  by  the  Governor,  so  far  private  and  confi 
dential,  that  he  does  riot  feel  himself  authorized  to  make 
them  public,  without  the  permission  of  the  persons  from 
whom  they  were  received.  He  has  therefore  declined 
affording  the  information,  which  was  sought,  by  the  or 
der  of  the  Legislature. 

We  are  thus  left  without  any  knowledge  of  the  change 
of  circumstances,  which  has  induced  to  the  recent  un 
expected  and  extraordinary  manifestation  of  change  of 
sentiment  and  policy,  on  this  most  interesting  subject, 
in  the  State  of  Maine.  We  learn,  neither,  by  what  au 
thority  a  proposition  to  negociate  for  the  Territory  is 
made  ;  nor  the  terms  which  are  to  form  the  basis  of 
such  negociation  ;  nor  who  are  to  be  the  parties  to  it ; 
nor  how  far  the  compromise  which  may  be  contemplat 
ed  is  within  the  Constitutional  power  of  the  National 
Executive,  with  or  without  the  consent  of  the  States. 
Maine  asks  from  us  no  consent  or  countenance  to  the 
bargain,  which  is  now  offered.  Indeed,  it  cannot  es- 

M72486 


cape  remark,  that  in  the  leading  Resolutions  of  her  Le 
gislature  in  reference  to  this  subject,  a  joint  concern  in 
Massachusetts,  even  in  the  disposition  of  the  property 
in  the  lands,  is  no  otherwise  adverted  to,  than  by  an  ad 
monition  contained   in  the   resolution   which  proposes 
notice  to  us  of  the  intention  to  negociate,   that  we  may 
take  charge  of  our  own  interest.     The  remembrance  of 
former  relations  is  no  longer  invoked.     No  appeal  is 
made  to  a  sense  of  mutual  interest;  to  the  principles  of 
liberality,  of  magnanimity,  and  of  friendly  regard   to  a 
Sister  State; — nor  is  the  generous,  disinterested,  and 
spirited  response,  which  was  given  to  that  appeal  for  aid 
and  co-operation,  in  the  defence  of  the  rights  of  jurisdic 
tion  and  State  sovereignty,  acknowledged  or  recognized. 
Under  all  these   considerations,  I  respectfully  submit  to 
you,  that  no  further  proceedings  here,  are,  at  this  time, 
required,  for  the  dignity,  honor,  or  interest  of  the  Com 
monwealth.     The  deliberate   and   explicit  opinions  ex 
pressed  by  the  Legislature  upon  the  whole  subject  mat 
ter,  at  an  earlier   period  in  the  session,    fully  assert  the 
rights  of  the   State  in  the  property  in  question,  and  a 
confidence  in   the  obligation   of  the  National  Govern 
ment  to   defend  us   in   its    possession    and    enjoyment. 
The  Resolutions  which  were  then   passed,  are  in  the 
hands  of  our  Senators  and  Representatives  in  Congress, 
who  will  not  fail  to  have  the   first   notice  of  any  hazard 
to  our  true  interest,  and  faithfully  to  advise   to  the  most 
effectual  measures  for  its  protection. 

LEVI  LINCOLN. 
Council  Chamber, 

March  \lth,  1832. 


EXECUTIVE  DEPARTMENT  OF   MAS 
SACHUSETTS. 


BOSTON,  MARCH  13,  1832. 

Sir,— -In  compliance  with  a  request  of  the  Legisla 
ture  of  this  Commonwealth,  expressed  in  a  concurrent 
order  of  the  two  Branches,  a  copy  of  which  I  have  the 
honor  herewith  to  transmit,  it  is  made  my  duty  to  ask 
of  your  Excellency,  to  furnish,  for  the  information  oj  this 
Government,  copies  of  all  the  correspondence  between 
the  Governments  of  the  United  States  and  the  State  of 
Maine,  and  copies  of  any  communication  from  the 
Agent  of  the  State  of  Maine  at  Washington,  in  relation 
to  the  territory  North  and  East  of  the  St.  Johns  and  St. 
Francis  rivers,  which  were  the  occasion  of  the  recent 
proceedings  of  the  Legislature  of  Maine,  confidentially 
communicated  in  their  Resolutions  which  accompanied 
your  letter  of  the  5th  instant.  The  equal  right  of  pro 
perty  which  this  Commonwealth  has  in  common  with 
Maine,  and  the  earnest,  and  I  may  be  permitted  to  add, 
generous  manifestation  of  sympathy  and  interest  by  this 
Government,  in  the  assertion  and  vindication  of  the  ju- 
risdictional  sovereignty  of  the  sister  State  to  the  territory 
in  dispute,  warrant  a  confiding  expectation,  that  the  de 
sired  communication  will  frankly  and  cheerfully  be 
made. 


6 

I  pray  you  also  to  be  assured,  that  in  view  to  the  im 
mediate  adjournment  of  the  Legislature,   after  an  un 
usually  protracted  session,  a  compliance  by  the  return 
of  the  special  Messenger,  who  is  charged  with  the  de 
livery  of  this  despatch  and  to  wait  your  Excellency's  re 
ply,  will  be  very  gratefully  appreciated. 
I  have  the  honor  to  be, 
With  sentiments  of  the  highest  respect, 
Your  obedient  servant, 

LEVI  LINCOLN. 
His  Excellency  Gov.  Smith  of  Maine. 


EXECUTIVE  DEPARTMENT  OF  MAINE. 


AUGUSTA,  MARCH  15,  1832. 

Sir, — I  have  the  honor  to  acknowledge  the  receipt 
of  your  Excellency's  letter  of  the  13th  of  this  month, 
requesting  to  be  furnished  with  copies  of  all  the  cor 
respondence  between  the  Government  of  the  United 
States  aiftl  this  State,  and  copies  of  any  communica 
tions  from  the  Agent  of  this  State  at  Washington,  in 
relation  to  the  territory  North  and  East  of  the  rivers 
St.  John  and  St.  Francis,  which  were  the  occasion  of 
the  recent  proceedings  of  the  Legislature  of  this  State, 
confidentially  communicated  to  your  Excellency. 

The  only  correspondence  which  has  been  had  with 
this  Department,  in  relation  to  these  proceedings,  is 
contained  in  letters  from  Mr.  Preble,  the  agent  of  this 
State  at  Washington,  expressing  his  opinion  in  regard 
to  the  expediency  of  the  proposed  arrangements,  and 
that  of  the  Representatives  of  this  State  in  Congress 
accompanied  also  with  letters  from  them  directed  to 
himself.  In  these  letters  they  also  state  the  grounds  of 
their  opinion,  which  they  have  formed  from  circumstan 
ces  inofficially  within  their  knowledge.  These  com 
munications  are  considered  as  private  and  confidential, 
rather  than  as  official  documents,  and  I  do  not  consider 
myself  at  present  authorized  to  make  them  public, 


without  the  permission  of  the  persons  from  whom  they 
were  received. 

I  make  these  suggestions  from  an  anxious  desire  to 
comply  with  the  request  communicated  to  me  by  your 
Excellency,  so  far  as  can  be  done  consistently  with  my 
official  duty  and  the  public  interest. 

The  measures  which  have  been  so  promptly  adopted 
by  our  Parent  Commonwealth  in  favor  of  the  claims  of 
this  State  to  the  territory  in  question,  cannot  fail  to  be 
gratefully  received,  and  will  tend  to  strengthen  the 
friendship,  and  good  understanding,  which,  it  is  to  be 
hoped,  will  ever  continue  to  exist  between  the  two  States. 
With  the  highest  respect, 

I  have  the  honor  to  be, 

Your  obedient  servant, 

SAML.  E.  SMITH. 
His  Excellency  Levi  Lincoln. 


M72486 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


